229 Ct. Cl. 465 | Ct. Cl. | 1981
Congressional reference, tort claim; negligence; Federal Tort Claims Act; discretionary function; equitable claim; law enforcement; civil disorder; damages for innocent victims of crime; political questions; freedom of association; taking; lost profits; attorney’s fees; interest; insurance.—
Pursuant to 28 U.S.C. §§ 1492 and 2509 (1976), the Senate of the United States adopted S. Res. No. 378, 99th Cong., 2d Sess., and referred S. 2907, a bill "to pay * * * to the innocent victims of the occupation of Wounded Knee, South Dakota, in full settlement of all their claims against the United States for loss of life, personal injuries, and damages to their real and personal property which occurred between February 27, 1973, and May 8, 1973,” to the Chief Commissioner of the United States Court of Claims. This case has its roots in the occupation of Wounded Knee, South Dakota, by members and sympathizers of the American Indian Movement ( aim ), a loosely knit and rather militant group of individual Indians from various North American Indian Tribes, during the period February 27, 1973 - May 8, 1973, a period of some 71 days. During this period, residents of Wounded Knee and others affected by the occupation suffered damages to real and personal property for which they seek redress against the United States. On December 15, 1981, the Review Panel made its report to the United States Senate, adopting the Trial Commissioner Thomas J. Lydon’s findings of fact and concurring in his opinion and conclusion that the Government’s actions both before and during the civil disorder at Wounded Knee were at all times reasonable, responsible and proper and therefore provide no basis for any legal or equitable claims against the United States. As a result, any monetary awards made by the United States to these claimants would constitute gratuitous payments. The trial commissioner found, inter alia, that (1) in all probability claimants would have been denied recovery in any Federal Tort Claims Act ( ftca ) action for damages stemming from the Wounded Knee occupation because the Government actions complained of fall within the "discretionary function” exception to the ftca; thus, claimants’ right to recover herein, as a matter of law, is barred both by the statute of limitations and by the "discretionary function” exception